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THE LATEST FILINGS
- Examining USCIS’ Management of Humanitarian Parole and Refugee Processing for Afghan Nationals
Earlier this month, the Council partnered with the International Refugee Assistance Project (IRAP) to file a Freedom of Information Act (FOIA) request to investigate how U.S. Citizenship and Immigration Services (USCIS) is adjudicating applications for humanitarian parole for Afghan nationals fleeing their home country.
Humanitarian parole allows individuals to temporarily enter the United States for urgent humanitarian reasons. This benefit is a key piece of the government’s plan to assist Afghan nationals seeking to resettle in the United States after the withdrawal of U.S. troops from the country.
The humanitarian parole application process has been marred by significant delays. The program was touted as a strategic tool to assist Afghan evacuees who reached the United States, as well as those who have not yet entered the country. While Government reports claim that immigration officials have granted humanitarian parole to most Afghan evacuees who have reached the United States, media reports suggest this is not true for evacuees who remain abroad.
This request seeks information about approval of humanitarian parole applications, as well as information regarding USCIS’s approval of fee waivers associated with these applications and the processing of asylum seekers and refugees.
Read more: Investigating USCIS’ Implementation of Humanitarian Parole and Refugee Processing for Afghan Nationals
- Understanding the Role of Assistant Chief Immigration Judges in the Immigration System
Assistant Chief Immigration Judges (ACIJs) play a significant role in managing and overseeing immigration courts. Currently, approximately 40 ACIJs develop and implement policies and procedures impacting courts across the country and in certain circumstances have become involved in individual immigration cases. Yet the public knows very little about the criteria for hiring these judges and the scope of their responsibilities.
To gain insight, the Council, Immigrant Legal Defense (ILD), and National Immigrant Law Center (NILC), filed a FOIA request with the Executive Office for Immigration Review (EOIR).
Read more: Delving Into the Immigration Court System
NOTEWORTHY
- Successfully Challenging a Regulation that Blocked Access to Records about Individuals Held in Detention Facilities
In a victory for transparency, the Michigan Supreme Court found that Calhoun County (County) improperly withheld records relating to the erroneous detention of a U.S. citizen by the County.
The County invoked a federal regulation, 8 C.F.R. 236.6, to block the disclosure of documents about its mistaken arrest. The ACLU of Michigan sued the County for release of the documents, but neither the trial court nor the Michigan Court of Appeals ruled in the plaintiff’s favor despite the Council’s arguments as amicus at the appellate level.
The Michigan Supreme Court, however, held that a federal regulation, such as the one raised by the County to block access to the records in question, cannot serve as the basis for exempting these records from disclosure under the specific wording of Michigan’s state FOIA. The County’s petition to the court to reconsider its decision was denied, and the decision of Michigan’s highest court is now final.
Read More: Amicus Brief Filed with Supreme Court of Michigan in Support of State FOIA Request in Wrongful Detention Case
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Advocacy Efforts Prevent CBP from Destroying Illuminating Records
In 2020, the National Archives and Records Administration (NARA) approved U.S. Customs and Border Protection’s (CBP) plans to permanently destroy crucial records about CBP’s enforcement practices, including records of civil rights complaints against the agency and investigations into CBP officials’ conduct.
The Council advocated against this decision by submitting comments to NARA with a large coalition of organizations. The comments supported permanently retaining certain records in the National Archives, citing the historical significance of recordkeeping as well as documenting CBP’s longstanding track record of misconduct and lack of accountability.
On February 16, 2022, NARA published a Request for Records Disposition Authority reversing course. They announced that the category of records, “Significant Internal Files,” would now be permanently preserved. These records include files documenting serious incidents of abuse, sexual assault, death or serious injury, and deprivation of civil rights under the color of law.
Read More: Submitting Comments on U.S. Customs and Border Protection Records Destruction Schedule
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Federal Court Victory Uncovers Information on Border Patrol Agents Who Conducted Asylum Screenings
Under the Trump administration, CBP initiated a secretive pilot program replacing highly trained asylum officers who screened asylum seekers through credible fear interviews with inexperienced Border Patrol agents.
The Council and its partners filed a FOIA lawsuit when CBP failed to produce records about this program.
On March 11, 2022, a federal district court announced a clear victory for government transparency. The court ordered the government to release the names of the Border Patrol agents who were involved in this program. They further ordered CBP to conduct a more thorough search for relevant records and to provide sufficient justification for redactions and withheld documents.
With this order in effect, advocates will be able to ascertain the full impact of this program and gain insight into how and why Border Patrol officers became involved in the asylum process.
Read More: Demanding Information About CBP Officers’ Role in Credible Fear Interview Process
DIG DEEPER
The American Immigration Council works to hold the government accountable on immigration issues. We harness freedom of information requests, litigation, and advocacy to expose wrongdoing and promote transparency within immigration agencies.
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